Primer On Foreign Investment Enterprises And Protection Of Intellectual Property In China

This volume provides an in depth approach to issues and problems currently confronted by multi-national enterprises ("MNEs") and other large foreign investors in China. It examines legal, business, and strategic issues for foreign investors that are seeking to enter the China market and for those foreign investors already in China and seeking to expand or reorganize their operations. The volume takes an overall approach of the large foreign investor with a long term business plan for China and proposes a basic corporate structure for this investor. The structure involves a series of wholly foreign owned enterprises, joint ventures, and representative offices all under the control and ownership of one or more investment holding companies. Each of the entities in this structure are discussed individually and as part of an overall corporate conglomerate. The volume also examines the protection of intellectual property as a basic corporate business problem that should be part of the initial planning process as the foreign investor makes its initial move into China. Too often protection of intellectual property is not considered to be a priority until violations occur in China. Some prior planning and an emphasis on protecting intellectual property rights can be advantageous and help to avoid the serious problems that can later arise. This volume is written for those business and legal managers who are given heavy responsibilities for managing a China business but who lack a background in China. Because of the great interest in China by many MNEs, many business and legal managers are moving to China or are given additional responsibilities in the US for the MNE's new China operations. Many of these persons are expected to make decisions about a China operation even though they may lack even basic knowledge about the Chinese political, legal, and business environment. This is the first book written by an American lawyer designed to address this need.

This book provides an up-to-date overview of the legal framework for doing business in China. It covers topics such as state structure, legislation, the court system, the legal profession, business entities, foreign investment enterprises, contracts, intellectual property, labour and employment law, consumer protection, taxation, securities, and dispute resolution.

Lo and Tian, in this informative and accessible book, provide an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment, and highlighting recent government policies and legal measures undertaken to intensify China's economic reforms.

This book offers a guide to intellectual property law in the People’s Republic of China. It simplifies the complex and rather atypical judicial system and uses practical cases to demonstrate how Chinese IP law really works. The IP system is evolving rapidly in China, with the adoption of numerous new laws and regulations, more sophisticated and detailed than their predecessors. As such the book provides an up-to-date overview of the field, including legal protection and tax assessment practices in China, focusing especially on matters regarding trademark, patent and copyright law and its protection. It also covers Chinese IP in the international context, discussing all the relevant international organizations and treaties. Furthermore, by presenting the right mix of practice and theory, and examining the best-known IP infringement cases in China, it allows readers to gain an understanding of potential IP infringement risks and ways to protect their own legal rights and interests. In addition, it provides insights into the important area of valorization and fiscal management of IP in China. Based on written law and regulations as well as the authors’ expertise, it is a valuable resource for foreign lawyers and foreign companies alike.

This book addresses the day-to-day practicalities of intellectual property issues for foreign companies doing business in the PRC. Dealing with recognition, protection and enforcement of IP rights, this publication covers such topics as the protection of business secrets in China.

An intellectual property (IP) system was established in China in 1985. Systematic studies of the subject are still scarce, especially from a corporate management perspective and this book attempts to fill in the gap.

. . . a gratifying collection of informed and engaging contributions. John A. Tessensohn, European Intellectual Property Review The importance of intellectual property rights is now well established as a vital component in the success of firms and nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic. The articles address issues from an interdisciplinary focus with an emphasis on current topical issues. Topics addressed include intellectual rights protection in emerging nations such as China, an exploration of a specific cross-national intellectual property perspective, strategies for protecting intellectual property rights, and a guide to understanding emerging and non-western legal systems. A mix of theoretical and practical observations helps the reader navigate the increasingly international topic of intellectual property as well as offers strategies for optimal utilization of intellectual property assets. The volume serves well both as a solution-oriented book and as a tool for facilitating further discussion and analysis in the classroom. Scholars and students in law, business and economics, as well as business practitioners interested in a global perspective on IP policy, will enjoy this book.